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Attorney General wants integrity case against Waititu dismissed

By KURIAN MUSA | February 5th 2014


NAIROBI, KENYA: The case challenging the appointment of Ferdinand Waititu as chairman of the Athi Water Services Board is weak and unconstitutional.

 The state counsel told the court during the hearing that the high court has no jurisdiction to hear the matter because section 42 of the Integrity act provides the mechanism of enforcing chapter six of the constitution.

The AG told Justice Mumbi Ngugi sitting in Nairobi to dismiss the petition since the court lacks jurisdiction to determine the matter.

The relevant body, the counsel said is the EACC which is supposed to investigate any issues raised touching on integrity.

“There is no evidence tendered before the court and EACC to investigate the interested party over any integrity issue,” said the state counsel.

Cabinet Secretary for Environment, Water and Natural Resources Judy Wakhungu is accused of flouting the law by appointing the former legislator knowing that he is handling cases bordering on Chapter six, issues of integrity.

The state counsel defended CS Wakhungu that she made the appointment of Waititu in accordance with the requisite law.

“The orders stopping the appointment of the interested party (Waititu) ought to be set aside,” Said the Lawyer.

The AG held that the petition filed by Businessman Benson Ritho is an abuse of the court process. That the orders should be set aside to enable Waititu continue his service to the public.

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